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House Auction

Samson asked 1 year ago

I want to know if the bank can auction your house if you are under debt review?

According to them, they did send a summons in June 2016 and also sent the sheriff in January 2017. But no one came to us to deliver anything.

In January 2017 we applied for debt review but after the auction, in March 2017 the bank come back to our mediator saying that they could not include the house in the debt review.

1 Answers
Matthys Potgieter Staff answered 1 year ago

Hi there,

Thank you for your question.

If a summons has been issued on an account, that specific account cannot be included in a debt review.

If the house has been sold with a shortfall, that shortfall can be negotiated to be included in the debt review.

It is so important to always make sure that the bank or any of your other credit providers have your correct address. They will serve a summons to the last known address on record. If you have notified them of your correct address and could provide proof thereof, you might have a chance to get the summons withdrawn.

Kind regards